Chapter: Constitution – Why and How?

Introduction

A Constitution is the supreme law of a country. It lays down the framework according to which the government functions and the rights and duties of citizens are defined. It acts as the foundation upon which the entire political, legal, and social structure of a nation rests.
In simple terms, the Constitution is like a rulebook that guides how a country is to be governed. It defines the relationship between the government and the people, sets limits on governmental power, and guarantees certain rights and freedoms to citizens.

For India, the Constitution holds a sacred place. It reflects the struggles, dreams, and aspirations of millions who fought for independence. It was not merely a legal document—it was the voice of a newly liberated people seeking democracy, justice, and equality.

Why Do We Need a Constitution?

A Constitution is essential for any modern state. It ensures order, justice, and protection of fundamental values. Let us explore in detail why every society needs a Constitution:

1. It sets the framework for the government

The Constitution defines the structure of the government—its organs, their powers, and functions.
In India, the Constitution divides power among the Legislature, Executive, and Judiciary to prevent misuse of authority.
This framework ensures that governance operates smoothly and efficiently.

2. It limits the powers of government

Absolute power leads to dictatorship. A Constitution ensures that the government functions within a legal framework.
It places checks and balances on the powers of rulers so that no authority can become autocratic or arbitrary.
For example, in India, the judiciary can strike down any law passed by Parliament if it violates the Constitution.

3. It protects fundamental rights

One of the most important reasons for having a Constitution is to guarantee fundamental rights to citizens.
These rights—such as equality, freedom, and protection from exploitation—safeguard individuals from injustice by the state or others.
They form the foundation of a free and dignified life.

4. It expresses the ideals and values of the people

A Constitution reflects the philosophy and moral vision of a nation.
For India, the Constitution embodies the ideals of liberty, equality, fraternity, justice, and democracy.
It translates the dreams of freedom fighters into guiding principles for governance.

5. It provides for political stability

By clearly defining roles, powers, and procedures, a Constitution prevents political confusion and chaos.
Even during crises, it provides a legitimate way to resolve disputes—through constitutional means rather than violence or anarchy.

6. It unites diverse communities

India is a country of immense diversity—religious, linguistic, and cultural.
The Constitution acts as a unifying force, giving all citizens a sense of belonging.
It guarantees equal status and opportunity to all, regardless of caste, creed, or gender.

7. It ensures rule of law

The Constitution establishes the principle of the rule of law, which means that no one is above the law—not even the Prime Minister or President.
Every action of the government must conform to the Constitution.

8. It defines the relationship between citizens and the state

The Constitution outlines the duties of citizens as well as the responsibilities of the state towards its people.
It creates a bond of trust and accountability between the rulers and the ruled.

Authority of a Constitution

Once we understand why a Constitution is necessary, it’s important to ask: What gives the Constitution its authority? Why should people and the government obey it?

1. Source of authority – The people

In a democracy, the ultimate authority rests with the people.
The Constitution draws its power from the consent of the governed.
In India, the Preamble begins with the words “We, the People of India…”, signifying that the people themselves are the creators and ultimate custodians of the Constitution.

Thus, the Constitution is not imposed from above—it is a social contract among citizens to govern themselves in a fair and just manner.

2. Supremacy of the Constitution

In India, the Constitution is the supreme law of the land.
All institutions—the Parliament, State Legislatures, Executive, and Judiciary—derive their authority from it.
Any law or action that violates the Constitution can be declared unconstitutional by the courts.

This supremacy ensures that the power of the government remains limited and accountable.

3. Constitutionalism – Limited government

The idea of constitutionalism means that even the government must act according to the Constitution.
It is not enough to have a Constitution on paper; what matters is that it truly controls the exercise of power.

4. Judicial interpretation

The Judiciary, especially the Supreme Court, acts as the guardian and interpreter of the Constitution.
Through judicial review, it ensures that the spirit of the Constitution is maintained and that fundamental rights are protected.

5. Legitimacy and acceptance

A Constitution has authority only when it is accepted by the people as legitimate.
The Indian Constitution gained moral authority because it was created by a Constituent Assembly representing all regions, communities, and political opinions.

How Was India’s Constitution Made?

The making of the Indian Constitution was a historic and monumental task. It involved careful deliberation, vision, and hard work by some of the most brilliant minds of modern India.

1. Background

When India gained independence on 15 August 1947, it faced the enormous challenge of building a nation out of immense diversity and deep social divisions.
To provide a democratic foundation for the new republic, it was necessary to have a comprehensive Constitution.

2. The Constituent Assembly

The Constituent Assembly was formed in 1946 under the Cabinet Mission Plan. It was not elected by universal adult franchise but indirectly by the provincial assemblies.
It represented different provinces, princely states, and communities.

• Total members (originally): 389
  • 292 from provinces
  • 93 from princely states
  • 4 from chief commissioner’s provinces
• After the partition of India, the number came down to 299.

3. The leadership

The Assembly included some of the greatest leaders and thinkers of the time:

• Dr. Rajendra Prasad – President of the Assembly
• Dr. B.R. Ambedkar – Chairman of the Drafting Committee
• Jawaharlal Nehru, Sardar Vallabhbhai Patel, Maulana Azad, K.M. Munshi, Alladi Krishnaswamy Ayyar, and H.C. Mookerjee were key members.
• Many women members, like Hansa Mehta, Durgabai Deshmukh, and Rajkumari Amrit Kaur, played important roles.

4. Working of the Assembly

The Constituent Assembly held its first meeting on 9 December 1946.
It met for 11 sessions over 2 years, 11 months, and 18 days.
In total, it held 165 sittings to debate and finalize the Constitution.

All sessions were conducted in an atmosphere of democracy, tolerance, and cooperation. Every clause was discussed in detail, and decisions were taken mostly by consensus rather than majority vote.

5. The Drafting Committee

The most important work was done by the Drafting Committee, chaired by Dr. B.R. Ambedkar, which was appointed on 29 August 1947.
It prepared the draft Constitution based on the reports of various committees and the debates in the Assembly.

Ambedkar is rightly called the Chief Architect of the Indian Constitution for his exceptional contribution.

6. The Adoption

The Constitution was adopted on 26 November 1949, and it came into force on 26 January 1950, the day we now celebrate as Republic Day.

7. The Cost and Effort

The Constituent Assembly spent about ₹64 lakhs in framing the Constitution—a remarkable achievement given its vast scope and importance.

8. Language and Style

The Constitution was drafted in English and Hindi. It originally contained:

• 395 Articles
• 8 Schedules
• 22 Parts

Today, after several amendments, it has grown to 470+ Articles and 12 Schedules, making it one of the longest written Constitutions in the world.

9. Democratic features

The Indian Constitution reflects the democratic spirit of its makers. It guarantees:

• Universal Adult Franchise
• Fundamental Rights
• Independent Judiciary
• Parliamentary System
• Federal Structure with a strong Centre

10. Preamble – The soul of the Constitution

The Preamble captures the essence of the Constitution.
It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and commits to ensuring Justice, Liberty, Equality, and Fraternity.

Provisions Adapted from Other Constitutions

The framers of the Indian Constitution studied various constitutions around the world to adopt the best features suited to Indian conditions.
They did not blindly copy them but carefully modified them according to our needs.

Here are the major sources of the Indian Constitution:

1. The Government of India Act, 1935 (British)

The single largest source of inspiration for the Indian Constitution.
Borrowed features include:

• Federal system with strong Centre
• Office of Governor
• Public Service Commissions
• Emergency provisions
• Judiciary system
• Administrative details

2. The British Constitution

Though the British Constitution is unwritten, India borrowed several principles:

• Parliamentary form of government
• Rule of Law
• Single citizenship
• Cabinet system
• Bicameral legislature
• Prerogative writs (used by courts to protect rights)

3. The U.S. Constitution

From the United States, India borrowed:

• Fundamental Rights
• Judicial Review
• Impeachment of the President
• Removal of Judges
• Vice-President as ex-officio Chairman of the Rajya Sabha
• Concept of a Written Constitution
• Preamble’s spirit of liberty and democracy

4. The Irish Constitution

From Ireland, India borrowed:

• Directive Principles of State Policy (DPSPs)
• Nomination of members to Rajya Sabha
• Method of electing the President

5. The Canadian Constitution

Borrowed provisions include:

• Federation with a strong Centre
• Residuary powers vested in the Centre
• Appointment of Governors by the Centre
• Advisory jurisdiction of the Supreme Court

6. The Australian Constitution

Borrowed features:

• Concurrent List
• Freedom of trade, commerce, and intercourse
• Joint sitting of both Houses of Parliament

7. The Weimar (German) Constitution

Borrowed:

• Suspension of Fundamental Rights during Emergency

8. The Soviet (USSR) Constitution

Borrowed:

• Fundamental Duties
• Directive Principles aiming at social and economic justice

9. The French Constitution

Borrowed:

• The ideals of Liberty, Equality, and Fraternity reflected in the Preamble.

10. The South African Constitution

Borrowed:

• Procedure for amendment of the Constitution
• Election of Rajya Sabha members

11. The Japanese Constitution

Borrowed:

• Procedure for removal (impeachment) of judges

Significance of Borrowing

Borrowing provisions from various countries made the Indian Constitution both unique and flexible.
It combined the best global practices with Indian realities, ensuring a balance between stability and change.

By doing so, the framers avoided the mistakes of others and ensured that India had a document both modern and rooted in tradition.

Conclusion

The Indian Constitution is not just a legal document—it is a living testament to the ideals of democracy, freedom, and equality.
It provides the framework for governance while also serving as a moral compass for the nation.

Through it, India transformed from a colonial subject to a sovereign democratic republic, guided by the will of its people.

Even decades after its adoption, the Constitution continues to evolve through amendments and judicial interpretation, adapting to new challenges while staying true to its original vision.

As Dr. B.R. Ambedkar said:

“The Constitution is as good as the people who work it.”

Therefore, the real success of our Constitution depends not just on its text, but on our commitment to uphold its spirit of justice, liberty, equality, and fraternity in everyday life.